Insights

Arbitration in Bahrain

Partner Patrick Gearon and Associate Thomas Catto took part in a Q&A with Lexology Navigator focusing on Arbitration in Bahrain.

Here is a taster of some of the questions and answers:

What legislation applies to arbitration in your jurisdiction?

In July 2015 Bahrain issued Law 9/2015, promulgating the Arbitration Law. The new Arbitration Law is yet to be tested; however, it has incorporated the UNCITRAL Model Law in its entirety and will therefore likely accord with the worldwide consensus on key aspects of international arbitration practice.

Bahrain set up the Bahrain Chamber for Dispute Resolution (BCDR) in 2009, in partnership with the American Arbitration Association (AAA). The BCDR Arbitration Rules are modelled on those published by the AAA and the AAA's international arm, the International Centre for Dispute Resolution.

The BCDR is governed by Legislative Decree 30/2009 with respect to the Bahrain Chamber for Economic, Financial and Investment Dispute Resolution and is devised as a dual mechanism for parties to resolve disputes, under either statutory court procedures or arbitration by express choice.

The Gulf Cooperation Council (GCC) Commercial Arbitration Centre is governed by the rules and procedures set out in the GCC Commercial Arbitration Centre Charter 1993 and is designed as a centre for commercial dispute resolution involving GCC nationals and commercial disputes arising from incorporation of the GCC Unified Economic Agreement.

Are there any mandatory laws?

The new Arbitration Law applies to all arbitrations in Bahrain.

Fees for applications for the recognition, enforcement and cancellation of arbitral awards are subject to the Judicial Fees Law.

What other treaties and conventions in relation to arbitration is your jurisdiction party to?

Bahrain is a party to the following treaties:the Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965;the Riyadh Arab Agreement for Judicial Cooperation 1983;the Gulf Cooperation Council (GCC) Convention for the Execution of Judgments, Delegations and Judicial Notifications 1995; andthe Hague Convention for the Pacific Settlement of International Disputes 1907.

To read the full Q&A, please click here to download.

This article was originally published by LexisNexis. For more information please contact Patrick Gearon on +973 17 133203 or at patrick.gearon@crsblaw.com.

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